rORM  1236— Oct.,  1913 


r  siunh^ 


:  -  Njv1313 

UNITED  STATES  CIVIL  SERVICE  COMMISSION 


INFORMATION  CONCERNING 
POLITICAL  ASSESSMENTS  AND 
PARTISAN  ACTIVITY 

OF  FEDERAL  OFFICEHOLDERS 
AND  EMPLOYEES 


OCTOBER,  1913 


WASHINGTON 

1913 


CONTENTS. 


V' 


CI¬ 


TABLE  OF 


Page. 


Introduction .  5 

I.  POLITICAL  ACTIVITY  OF  COMPETITIVE  EMPLOYEES. 

1.  Civil  Service  Rule  I . 7 

2.  Constitutionality .  7 

3.  Definition  of  political  activity  and  scope  of  rule .  7 

4.  Temporary  employees — Leave  of  absence .  7 

5.  Unclassified  laborers .  8 

6.  Conventions . 8 

7.  Primaries — Caucuses .  8 

8.  Committees .  8 

9.  Clubs . 8 

10.  Meetings . 8 

11.  Expression  of  opinions .  8 

12.  Activity  at  the  polls .  8 

13.  Election  officers .  8 

14.  Newspapers — Publication  of  letters  or  articles .  8 

15.  Liquor  question .  9 

16.  Contributions .  9 

17.  Candidacy  for  or  holding  local  office .  9 

18.  Executive  order  of  January  17,  1873 .  9 

19.  Executive  order  of  January  28,  1873 .  9 

20.  Application  of  political-activity  rule .  10 

21.  Excepted  offices .  10 

22.  Eligibles  holding  local  office .  10 

23.  Executive  order  of  June  26,  1907 .  11 

24.  Executive  order  of  May  14,  1909 .  11 

25.  Practice  under  order  of  May  14,  1909 .  11 

26.  Executive  order  of  August  4,  1909 .  11 

27.  Executive  order  of  February  14,  1912 .  11 

28.  Scope  of  order  of  February  14,  1912 .  11 

29.  Executive  order  of  August  24,  1912 .  12 

30.  Other  forms  of  activity .  12 

31.  Candidacy  for  presidential  positions .  12 

32.  Signing  of  petitions .  12 

33.  Reinstatement .  12 

IT.  POLITICAL  ACTIVITY  OF  PRESIDENTIAL  OFFICERS  AND  IN¬ 
CUMBENTS  OF  UNCLASSIFIED  AND  EXCEPTED  POSITIONS. 

34.  Early  restrictions  on  unclassified  officers .  13 

35.  President’s  letter  of  June  13,  1902 .  14 

36.  Enforcement  of  restrictions . .  15 

37.  Department  of  State .  15 

38.  Treasury  Department .  15 

39.  Department  of  Justice . 15 

40.  Post  Office  Department .  15 

41.  Navy  Department . 15 

42.  Department  of  the  Interior . 15 

43.  Department  of  Agriculture .  15 

III.  POLITICAL  ASSESSMENTS. 

44.  Solicitation  or  receipt  of  political  contributions  by  one  employee  from 

another — Section  118,  Criminal  Code . 16 

45.  Constitutionality  of  laws  prohibiting  assessments .  16 

46.  Circulars  of  solicitation  bearing  names  of  Federal  employees .  16 

47.  Sufficiency  of  indictments .  17 

48.  Membership  on  or  service  for  political  committees .  17 

(3) 


4 


in.  POLITICAL  ASSESSMENTS— Continued  Page. 

49.  Solicitation  or  receipt  of  political  contributions  in  Federal  buildings — 

Section  119,  Criminal  Code .  18 

50.  Constitutionality .  18 

51.  Letters  addressed  to  Federal  buildings .  19 

52.  Letters  delivered  in  Federal  buildings .  19 

53.  Discrimination  on  account  of  political  contributions — Section  120, 

Criminal  Code .  19 

54.  Payment  of  political  contributions  by  one  employee  to  another — Sec-  & 

tion  121,  Cfriminal  Code .  19 

55.  Penalties  for  assessments .  20 

56.  Above  offenses  are  felonies .  20 

IV.  POLITICAL  COERCION. 

57.  Civil-service  act  and  rule .  20 

V.  POLITICAL  DISCRIMINATION. 

58.  Failure  to  contribute  or  render  political  service  not  prejudicial .  20 

59.  Political  opinions  and  aflSliations .  20 

60.  Definition  of  discrimination .  20 

61.  Wholesale  removals .  20 

62.  Incumbents  of  excepted  positions .  21 

VI.  POLITICAL  RECOMMENDATIONS. 

63.  Senators  and  Representatives .  21 

64.  Disclosing  politics .  21 

65.  Letters  disclosing  politics  or  religion  not  to  be  considered .  21 

66.  Recommendations  for  promotion .  21 

VII.  RURAL  CARRIERS. 

67.  Executive  order  of  December  30,  1911 .  21 

VIII.  FOURTH-CLASS  POSTMASTERS. 

68.  Extractfromregulationsapprovedby  the  President  November  25, 1912.  22 

IX.  ATTEMPTS  TO  INFLUENCE  LEGISLATION. 

69.  Executive  order  of  April  8,  1912 .  22 


' ;  L‘ ; 


INTRODUCTION. 


The  present  political-activity  rule  was  promulgated  by  the  President  on  June 
3,  1907.  After  it  had  been  in  effect  nearly  a  year  the  Commission  addressed  a 
letter  to  the  President  on  March  25,  1908,  from  which  the  following  is  an 
extract : 

“  The  Commission  in  recommending  punishments  for  violations  of  subdivision 
1  of  Civil  Service  Rule  I  has  heretofore  been  guided  by  the  fact  that  the  rule 
was  one  only  adopted  in  June,  1907,  and  that  while  the  President’s  instructions 
prohibiting  political  activity  on  the  part  of  competitive  classified  employees 
have  been  public  ever  since  1902,  yet  in  actual  practice  the  effective  and  thor¬ 
oughgoing  enforcement  of  the  President’s  instructions  in  this  connection  has 
only  dated  from  the  adoption  of  the  rule  in  June  last,  which  gave  the  Civil 
Service  Commission  the  right  to  investigate  and  report  on  charges  of  improper 
political  activity  on  the  part  of  those  in  the  competitive  classified  service.  For 
this  reason  the  Commission  has  heretofore  been  lenient  in  recommending  pun¬ 
ishments;  but  a  sufiBcient  time  has  now  elapsed  for  us  to  assume  tiiat  the 
civil-service  rules  are  understood  throughout  the  service,  and  we  believe,  there¬ 
fore,  that  the  time  has  also  come  for  a  somewhat  greater  degree  of  severity  in 
the  penalty  indicted,  at  least  in  aggravated  cases.  We  recommend,  therefore, 
that  the  several  Departments  be  requested  to  publish  to  their  employees  in  the 
competitive  classified  service  the  fact  that  any  man  violating  the  provisions  of 
the  rule  in  question  renders  himself  liable  to  punishment  by  removal.  We  de¬ 
sire  that  the  subordinates  in  the  several  Departments  be  acquainted  with  this 
recommendation,  so  that  in  the  event  of  any  misconduct  by  them  in  future  the 
Commission  may  feel  at  liberty  to  recommend  their  removal.” 

The  President,  on  March  27,  1908,  directed  each  head  of  Department  to  have 
this  portion  of  the  Commission’s  letter  printed  and  brought  to  the  attention  of 
subordinates. 

It  is  the  duty  of  the  Commission  to  see  that  the  provisions  of  the  civil-service 
act  and  rules  are  strictly  enforced,  and  it  will  employ  every  legitimate  and 
available  means  to  secure  the  prosecutipn  and  punishment  of  persons  w^ho  may 
violate  them.  The  Commission  requests  any  person  having  knowledge  of  any 
such  violation  to  lay  the  facts  before  it,  that  it  may  at  once  take  action 
thereupon. 


(5) 


i 


is 


INFORMATION  CONCERNING  POLITICAL  ASSESSMENTS  AND 
PARTISAN  ACTIVITY  OF  FEDERAL  OFFICEHOLDERS  AND 
EMPLOYEES. 


I.  POLITICAL  ACTIVITY  OF  COMPETITIVE  EMPLOYEES. 

1.  CIVIL  SERVICE  RULE  I,  SECTION  1,  provides,  in  part,  as  follows: 

“Persons  who  by  the  provisions  of  these  rules  are  in  the  competitive 

classified  service,  while  retaining’  the  right  to  vote  as  they  please  and  to 
express  privately  their  opinions  on  all  political  subjects,  shall  take  no 
active  part  in  political  management  or  in  political  campaigns.” 

2.  Constitutionality. — It  lias  sometimes  been  urged  by  employees  violating 
this  provision  of  the  rule  that  such  a  rule  is  violative  of  the  constitutional  right 
of  free  speech  and  other  similar  rights.  In  a  Massachusetts  case  arising  under 
a  regulation  governing  the  police  force  of  the  city  of  New  Bedford,  the  Supreme 
Judicial  Court  of  Massachusetts,  in  the  case  of  McAuliffe  v.  Mayor,  etc.,  of  the 
city  of  New  Bedford  (155  Mass.,  216;  29  N.  E.,  517),  speaking  through 
Holmes,  J.,  said : 

One  answer  to  this  argument,  admitting  that  the  statute  does  not  make  the  mayor  the 
final  judge  of  what  cause  is  sufficient  and  that  we  have  a  right  to  consider  it,  is  that 
there  is  nothing  in  the  Constitution  or  the  statute  to  prevent  the  city  from  attaching 
obedience  to  this  rule  as  a  condition  to  the  office  of  policeman  and  making  it  part  of  the 
good  conduct  required.  The  petitioner  may  have  a  constitutional  right  to  talk  politics, 
but  he  has  no  constitutional  right  to  he  a  policeman.  There  are  few  employments  for 
hire  in  which  the  servant  does  not  agree  to  suspend  his  constitutional  right  of  free  speech, 
as  well  as  of  idleness,  by  the  implied  terms  of  his  contract.  The  servant  can  not  com¬ 
plain,  as  he  takes  the  employment  on  the  terms  which  are  offered  him.  On  the  same 
principle  the  State  may  impose  any  reasonable  condition  upon  holding  offices  within  its 
control.  This  condition  seems  to  he  reasonable,  if  that  be  a  question  open  to  revision 
here. 

3.  Definition  of  political  activity  and  scope  of  rule. — Activity  in  politics  in¬ 
cludes  any  activity  pertaining  to  or  connect^  with  a  party  or  parties  controlling 
or  seeking  to  control  Government  in  the  Nation,  or  in  a  State,  county,  or  munici¬ 
pality.  xVny  one  of  two  or  more  bodies  of  people  contending  for  antagonistic  or 
rival  governmental  policies  or  measures  is  a  political  party.  The  fact  that  a 
campaign  may  not  mean  affiliation  with  any  of  the  great  national  political  par¬ 
ties  or  that  the  party  may  be  a  reform  party  is  not  material,  for  the  reason  that 
one  of  the  primary  purposes  of  the  rule  forbidding  political  activity  on  the  part 
of  competitive  classified  employees  is  to  require  them,  in  their  political  as  well 
as  their  official  actions,  to  avoid  any  act  or  display  of  partisanship  on  any  pend¬ 
ing  political  issue  which  might  cause  public  scandal  or  unfavorable  comment 
and  offend  persons  who  have  relations  with  them  in  their  official  capacity.  For 
an  employee  of  the  Government,  who  is  the  paid  servant  of  all  citizens  of  all 
political  faiths,  publicly  to  display  his  partisanship  with  respect  to  any  pending 
issue  is  detrimental  to  the  service;  an  employee  could  not,  of  course,  be  per¬ 
mitted  to  support  such  an  issue  and  another  employee  forbidden  to  oppose  it, 
and  his  partisanship,  while  pleasing  to  some,  would  be  offensive  to  others.  It 
is  well  known  that  reform  or  so-called  nonpartisan  campaigns  are  frequently 
more  bitterly  contested  than  campaigns  conducted  on  strictly  partisan  lines,  and 
however  meritorious  may  be  the  reform  sought  to  be  attained,  if  the  question  is 
a  political  one  a  competitive  employee  may  not  take  an  active  part  in  its  dis¬ 
cussion  or  solution. 

4.  Temporary  employees — Leave  of  absence. — Temporary  or  emergency  em¬ 
ployees,  substitutes,  and  persons  on  furlough  or  leave  of  absence,  with  or  with¬ 
out  pay,  are  subject  to  the  rule.  While  an  employee  is  in  the  competitive  clas¬ 
sified  service  and  his  name  is  carried  on  the  rolls  the  civil-service  rules  and 
regulations  apply  to  him  and  he  must  refrain  from  their  violation,  even  though 
he  may  not  be  rendering  actual  service  to  the  Government,  It  is  not  permis- 

(7) 


8 


sible  for  an  employee  to  take  leave  of  absence  for  the  iniipose  of  working  for  a 
political  committee  or  organization  or  of  becoming  a  candidate  for  an  elective 
office  with  the  understanding  that  he  will  resign  his  competitive  position  if 
nominated  or  elected. 

5.  Unclassified  laborers. — Under  the  regulations  for 'the  navy-yard  service  ap¬ 
proved  December  7,  1912,  unclassified  laborers  are  made  subject  to  dismissal  for 
political  activity  in  the  same  manner  as  are  competitive  classified  employees. 
Similar  instructions  have  been  issued  by  other  departments  placing  the  same 
limitations  in  regard  to  political  activity  on  laborers  in  the  unclassified  service 
as  are  appled  to  competitive  employees. 

6.  Conventions. — The  rule  is  held  to  forbid  candidacy  for  or  service  as  dele¬ 
gate,  alternate,  or  proxy  in  any  political  convention,  or  as  an  officer  or  employee 
thereof.  It  does  not  prohibit  mere  attendance  as  a  spectator,  but  the  person  so 
attending  must  not  take  any  part  in  the  convention  or  in  the  deliberations  or 
proceedings  of  any  of  its  committees  and  must  refrain  from  any  public  display 
©f  partisanship  or  obtrusive  demonstration  or  interference  or  any  activity  which 
might  cause  scandal  or  unfavorable  comment. 

7.  Primaries — Caucuses. — An  employee  may  attend  a  primary  meeting,  mass 
convention,  beat  convention,  caucus,  and  the  like  and  may  cast  his  vote  on  any 
question  presented,  but  he  may  not  pass  this  point  in  participating  in  its  de¬ 
liberations.  He  may  not  act  as  an  officer  of  the  meeting,  convention,  or  caucus, 
may  not  address  it,  make  motions,  prepare  or  assist  in  preparing  resolutions, 
assume  to  represent  others,  or  take  any  prominent  part  therein. 

8.  Committees. — Service  on  or  for  any  political  committee  or  similar  organiza¬ 
tion  is  prohibited.  An  employee  may  attend  as  a  si)ectator  any  meeting  of  a 
political  committee  to  which  the  general  public  is  admitted,  but  must  refrain 
from  activity  as  indicated  in  the  preceding  paragraphs. 

9.  Clubs. — Employees  may  be  members  of  political  clubs,  but  it  is  improper 
for  them  to  be  active  in  the  organization  of  such  a  club,  to  be  officers  of  the  club, 
or  members  or  officers  of  any  of  its  committees  or  act  as  such,  or  to  address  a 
political  club.  Service  as  a  delegate  from  such  a  club  to  a  league  of  political 
clubs  is  service  as  an  officer  or  representative  of  a  political  club  and  is  pro¬ 
hibited,  as  is  service  as  a  delegate  or  representative  of  such  a  club  to  or  in  any 
other  organization.  In  other  words,  an  employee  may  become  a  member  of  a 
political  club,  but  may  not  take  an  active  part  in  its  management  or  affairs,  and 
may  not  represent  other  members  or  attemiff  to  influence  them  by  his  actions 
or  utterances. 

10.  Meetings. — Service  in  preparing  for.  organizing,  or  conducting  a  political 
meeting  or  rally,  addressing  such  a  meeting,  or  taking  any  other  active  part 
therein,  except  as  a  spectator,  is  prohibited. 

11.  Expression  "of  opinions. — The  right  to  express  privately  his  opinions  on  all 
political  subjects  is  reserved  to  the  employee  by  the  rule.  He  must  confine 
himself  to  the  private  expression  of  his  views  and  must  refrain  from  political 
discussions  or  conferences  while  on  duty  or  in  public  places;  he  must  not 
canvass  a  district  or  solicit  political  support  for  any  party,  faction,  candidate, 
©r  measure. 

12.  Activity  at  the  polls. — An  employee  has  the  right  to  vote  as  he  pleases, 
and  to  exercise  this  right  free  from  interference,  solicitation,  or  dictation  by 
any  fellow  employee  or  superior  or  any  other  j^ersou.  It  is  his  duty  to  avidd 
any  offensive  activity  at  primary  and  regular  elections,  and  he  must  refrain 
from  soliciting  votes,  assisting  voters  to  mark  ballots,  or  in  getting  out  the 
voters  on  registration  and  election  days,  acting  as  the  accredited  checker, 
watcher,  or  challenger  of  any  party  or  faction,  assisting  in  counting  the  vote, 
©r  engaging  in  any  other  activity  at  the  polls  except  the  marking  and  depositing 
of  his  own  ballot. 

13.  Election  officers. — ^An  employee  may  not  seek  appointment  or  election  to 
or  serve  in  any  position  of  election  officer,  except  in  States  or  positions  refusal 
to  serve  in  which  is  penalized  by  the  election  law  of  the  State,  and  in  the  latter 
case  he  must  not  seek  or  solicit  appointment  or  election,  and  if  appointed  with¬ 
out  his  solicitation  must  act  mpartially  and  without  exhibiting  partisan  feelings 
or  giving  any  appearance  of  partisan  activity. 

14.  Newspapers — Publication  of  letters  or  articles. — An  employee  may  not  pub¬ 
lish  or  be  connected  editorially,  managerially.  or  financially  with  any  political 
newspaper,  and  may  not  write  for  publication  or  publish  any  letter  or  article, 
signed  or  unsigned,  in  favor  of  or  against  any  political  party,  candidate,  faction, 
©r  measure. 


9 


15.  Liquor  question. — ^Activity  in  campaigns  concerning  the  regulation  or  sup¬ 
pression  of  the  liquor  traffic  is  prohibited.  An  employee  may  be  a  member  but 
not  an  officer  of  a  club,  league,  or  other  organization  which  takes  part  in  such 
a  campaign.  The  rule  does  not  exclude  the  employee  from  participating  in 
discussion  where  no  political  issue  is  involved  or  from  making  an  address  on 
any  moral  or  ethical  subject,  but  when  two  or  more  parties  or  factions  become 
engaged  in  a  contest  for  rival  or  antagonistic  measures  or  policies  of  control 
or  regulation  a  political  question  is  presented. 

16.  Contributions. — ^iVn  employee  may  make  political  contributions  to  any  com¬ 
mittee,  organization,  or  person  not  employed  by  the  United  States,  but  may  not 
under  the  rule  solicit,  collect,  receive,  or  otherwise  handle  or  disburse  the  same. 
(See  provisions  of  the  Criminal  Code,  discussed  in  paragraphs  44  to  56.) 

17.  Candidacy  for  or  holding  local  office. — Candidacy  for  a  nomination  or  for 
election  to  any  national,  State,  county,  or  municipal  office  is  not  permissible, 
except  as  stated  in  the  following  paragraphs: 

18.  Execative  order  of  January  17,  1873: 

Whereas  it  has  been  brought  to  the  notice  of  the  President  of  the  United  States  that 
many  persons  holding  civil  office  by  appointment  from  him  or  otherwise  under  the  Con¬ 
stitution  and  laws  of  the  United  States  while  holding  such  Federal  positions  accept 
offices  under  the  authority  of  the  States  and  Territories  in  which  they  reside,  or  of 
municipal  corporations,  imdei  the  charters  and  ordinances  of  such  corporations,  thereby 
assuming  the  duties  of  the  State,  Territorial,  or  municipal  office  at  the  same  time  that 
they  are  charged  with  the  duties  of  the  civil  office  held  under  Federal  authority  : 

And  whereas  it  is  believed  that,  with  but  few  exceptions,  the  holding  of  two  such 
offices  by  the  same  person  is  incompatible  with  a  due  and  faithful  discharge  of  the  duties 
of  either  office  ;  that  it  frequently  gives  rise  to  great  inconvenience,  and  often  results  in 
detriment  to  the  public  service  ;  and,  moreover,  is  not  in  harmony  with  the  genius  of 
the  Government : 

In  view  of  the  premises,  therefore,  the  President  has  deemed  it  proper  thus  and  hereby 
to  give  public  notice  that,  from  and  after  the  4th  day  of  March,  A.  D.  1873  (except  as 
herein  specified),  persons  holding  any  Federal  civil  office  by  appointment  under  the 
Constitution  and  laws  of  the  United  States  will  be  expected,  while,  holding  such 
office,  not  to  accept  or  hold  any  office  under  any  State  or  Territorial  government,  or 
under  the  charter  or  ordinances  of  any  municipal  corporation  ;  and,  further,  that  the 
acceptance  or  continued  holding  of  any  such  State.  Territorial,  or  municipal  office, 
whether  elective  or  b.y  appointment,  by  any  person  holding  civil  office  as  aforesaid  under 
the  Government  of  the  TJnited  States,  other  than  judicial  offices  under  the  Constitution 
of  the  United  States,  will  be  deemed  a  vacation  of  the  Federal  office  held  by  such  person, 
and  will  be  taken  to  be  and  will  be  treated  as  a  resignation  by  such  Federal  officer  of  his 
commission  or  appointment  in  the  service  of  the  United  States. 

The  offices  of  justices  of  the  peace,  of  notaries  public,  and  of  commissioners  to  take 
the  acknowledgment  of  deeds,  of  bail,  or  to  administer  oaths,  shall  not  be  deemed  within 
the  purview  of  this  order  and  are  excepted  from  its  operation,  and  may  be  held  by  Federal 
officers. 

The  appointment  of  deputy  marshals  of  the  United  States  may  be  conferred  upon 
sheriffs  or  deputy  sheriffs.  And  deputy  postmasters,  the  emoluments  of  whose  office  do 
not  exceed  $600  per  annum,  are  also  excepted  from  the  operation  of  this  order  and  may 
accept  and  hold  appointments  under  State,  Territorial,  or  municipal  authority,  provided 
the  same  be  found  not  to  interfere  with  the  discharge  of  their  dnties  as  postmaster.^ 
Heads  of  departments  and  other  officers  of  the  Government  who  have  the  appointment  of 
subordinate  officers  are  required  to  take  notice  of  this  order,  and  to  see  to  the  enforce¬ 
ment  of  its  provisions  and  terms  within  the  sphere  of  their  respective  departments 
or  offices  and  as  relates  to  the  several  persons  holding  appointments  under  them, 
respectively. 

19.  Executive  order  of  January  28,  1873: 

Inquiries  having  been  made  from  various  quarters  as  to  the  application  of  the  Execu¬ 
tive  order  issued  on  the  17th  of  January  relating  to  the  holding  of  State  or  municipal 
offices  by  persons  holding  civil  offices  under  the  Federal  Government,  the  President 
directs  the  following  reply  to  be  made  : 

It  has  been  asked  whether  the  order  prohibits  a  Federal  officer  from  holding  also  the 
office  of  an  alderman  or  of  a  common  councilman  in  a  city,  or  of  a  town  councilman  of  a 
town  or  village,  or  of  appointments  under  city,  town,  or  village  governments.  By  some 
it  has  been  suggested  that  there  may  be  distinction  made  in  case  the  office  be  with  or 
without  salary  or  compensation.  The  city  or  town  offices  of  the  description  referred  to, 
by  whatever  names  they  may  be  locally  known,  whether  held  by  election  or  by  appoint¬ 
ment,  and  whether  with  or  without  salary  or  compensation,  are  of  the  class  which  the 
Executive  order  intends  not  t"*  be  held  by  persons  holding  Federal  offices. 

It  has  been  asked  whether  the  order  prohibits  Federal  officers  from  holding  positions 
on  boards  of  education,  school  committees,  public  libraries,  religious  or  eleemosynary 
institutions  incorporated  or  established  or  sustained  by  State  or  municipal  authority. 
Positions  and  service  on  such  boards  and  committees,  and  professorships  in  colleges,  are 
not  regarded  as  “  offices  ”  within  the  contemplation  of  the  Executive  order,  but  as 
employments  or  service  in  which  all  good  citizens  may  be  engaged  without  incompatibility 
and  in  many  cases  without  necessary  interference  with  any  position  which  they  may 
hold  under  the  Federal  Government.  Officers  of  the  Federal  Government  may  therefore 
engage  in  such  service,  provided  the  attention  required  by  such  employment  does  not 
.  interfere  with  the  regular  and  efficient  discharge  of  the  duties  of  their  office  under  the 


10325°— 13 - 2 


^  See  paragraph  20. 


10 


Federal  Government.  The  head  of  the  department  under  whom  the  Federal  office  is  held 
will  in  all  cases  be  the  sole  judge  whether  or  not  the  employment  does  thus  interfere. 

The  question  has  also  been  asked  with  regard  to  officers  of  the  State  militia.  Con¬ 
gress  having  exercised  the  power  conferred  by  the  Constitution  to  provide  for  organizing 
the  militia,  which  is  liable  to  be  called  forth  to  be  emploved  in  the  service  of  the  United 
States,  and  is  thus,  in  some  sense,  under  the  control  of  the  General  Government,  and  is. 
moreover,  of  the  greatest  value  to  the  public,  the  r:xecutive  order  of  tlie  17th  .January 
is  not  considered  as  prohibiting  Federal  officers  from  being  officers  in  the  militia  in  the 
States  and  Territories. 

It  has  been  asked  whether  the  order  prohibits  persons  holding  office  under  the  Federal 
Government  being  members  of  local  or  municipal  fire  departments ;  also,  whether  it 
applies  to  mechanics  employed  by  the  day  in  the  armories,  arsenals,  and  navy  yards.  . 

etc.,  of  the  United  States.  Unpaid  service  in  local  or  municipal  fire  departments  is  not 
regarded  as  an  office  within  the  intent  of  the  Executive  order,  and  mav  be  performed 
by  Federal  officers,  provided  it  does  not  interfere  with  the  regular  and  efficient  discharge 
of  the  duties  of  the  Federal  office,  of  which  the  head  of  the  Department  under  which  the 
office  is  held  will  in  each  case  be  the  judge.  Employment  by  the  day  as  mechanic  or 
laborer  in  the  armories,  arsenals,  navy  yards,  etc.,  does  not  constitute  an  office  of  any 
kind,  and  those  thus  employed  are  not  within  the  contemplation  of  the  Executive  order.^  ' 

Master  workmen  and  others  who  hold  appointments  from  the  Government  or  from  any 
Department,  whether  for  a  fixed  time  or  at  the  pleasure  of  the  appointing  power,  are 
embraced  within  the  operation  of  the  order. 

20.  Application  of  political  activity  rule. — The  Civil  Service  Commission  lias 
no  function  in  the  interpretation  or  enforcement  of  the  above  orders  of  Jan¬ 
uary  17  and  28,  1873,  except  in  so  far  as  they  relate  to  the  rule  forbidding 
political  activity  by  competitive  classified  employees  and  unclassified  laborers. 

These  employees,  with  some  exceptions,  are  prohibited  from  holding  any  elective 
office  or  any  office  filled  through  appointment  by  an  elected  officer,  board,  or 
council.  The  provision  of  the  Executive  order  of  January  17,  1873,  excepting 
from  its  prohibitions  to  hold  local  office  “  deputy  postmasters,  the  emoluments 
of  whose  office  does  not  exceed  $600  per  annum,”  is  modified  and  amended  by 
the  subsequent  Executive  orders  placing  fourth-class  postmasters  in  the  competi¬ 
tive  classified, service  and  thereby  subjecting  them  to  the  provision  of  section  1  of 
Rule  I  as  to  political  activity,  and  further  by  section  4  of  the  regulations  agreed 
to  by  the  Department  and  the  Commission  and  approved  by  the  President  on 
November  25,  1912,  which  prohibits  political  activity  by  fourth-class  postmasters, 
and  applies  to  all  offices  of  the  fourth  class  of  whatever  compensation.^ 

21.  Excepted  offices. — Persons  in  the  executive  civil  service  may  be  appointed 
to  certain  other  positions  which  are  held  to  be  excepted  from  the  operation  of 
the  order  of  January  17,  1873,  provided  the  consent  of  the  Department  under 
which  the  Federal  office  is  held  is  obtained  and  the  political  activity  rule  is  not 
violated,  viz : 

A  competitive  employee  may  become  a  candidate  for  and  serve  in  the  elective 
office  of  delegate  to  a  State  constitutional  convention. 

Employees  on  Indian  reservations  may  be  appointed  under  State  authority 
as  deputy  sheriffs  or  constables,  as  the  requirements  of  the  service  demand,  this 
action  being  necessary,  as  on  all  reservations  which  have  been  allotted  and 
opened  for  settlement  conditions  arise  wherein  the  Federal  Government  has 
sole  jurisdiction  over  certain  offenses  and  the  State  has  jurisdiction  over  other 
offenses,  and  where  there  can  be  merged  in  one  person  the  joint  authority  of  a 
Federal  and  State  officer,  a  serious  difficulty  in  the  administration  of  justice  is 
removed. 

There  is  no  objection  to  the  holding  of  a  small-salaried  position  in  a  municipal 
fire  department. 

The  position  of  member  of  a  municipal  civil  service  commisson  may  be  held 
by  an  employee,  in  analogy  with  the  exceptions  contained  in  the  order  of  1873 
with  regard  "to  school  officials  and  in  view  of  its  nonpolitical  character. 

An  employee  may  become  a  candidate  for  or  hold  any  of  the  local  offices 
excepted  from  the  "prohibitions  of  the  Executive  order  of  January  17,  1873, 
provided  that  he  does  not  violate  section  1  of  Rule  I,  prohibiting  the  use  of 
his  official  authority  or  infiuence  in  political  matters,  and  provided  further  that 
he  avoids  neglect  of  duty  and  any  action  that  would  cause  public  scandal  or 
semblance  of  coercion  uiJou  his  subordinates  or  fellow  employees,  in  furthering  ^ 

his  candidacy  for  election  or  appointment  or  in  performing  tho  duties  of  the 
office  if  his  candidacy  be  sucessful. 

22.  Eligibles  holding  local  office. — Eligibles  who  are  holding  a  local  office  not 

excepted  from  the  prohibitions  of  the  order  of  1873  must  on  selection  and 
acceptance  of  any  position  in  the  competitive  classified  service  or  of  unclassified  ^ 


1  See  paragraphs  5  and  24. 

2  See  sec.  160,  Postal  Laws  and  Regulations. 


11 


laborer  immediately  resign  the  local  ofiSce.  The  holding  of  a  local  ofiSce  not 
excepted  from  the  prohibitions  of  the  order  of  1873  is  an  absolute  disqualifica¬ 
tion  for  appointment,  and  unless  applicants  are  willing  immediately  to  resign 
the  local  office  in  the  event  of  selection  for  appointment  their  applications  can 
not  be  considered. 

23.  Executive  order  of  June  26,  1907: 

Whereas  by  an  Executive  order  of  June  13,  1907,  officers  and  employees  of  the 
Forest  Service  and  Biological  Survey  in  the  Department  of  Agriculture  were  authorized 
to  accept  appointments  to  certain  State  and  Territorial  positions,  and  it  appears  that 
the  work  of  that  Department  would  be  facilitated  by  an  extension  of  the  provisions 
thereof,  I  desire  to  give  public  notice  that  hereafter,  with  the  approval  of  the  Secretary 
of  Agriculture,  other  officers  and  employees  of  that  Department  are  authorized  to  hold 
State  and  Territorial  positions,  and  State  and  Territorial  officials,  unless  prohibited  by 
law,  may  be  permitted  to  receive  appointments  under  the  Department  of  Agriculture, 
when  in  either  case  the  Secretary  of  Agriculture  deems  such  employment  necessary  to 
secure  a  more  efficient  administration  of  the  duties  of  his  Department. 

24.  Executive  order  of  May  14,  1909: 

Whenever  in  the  opinion  of  the  Secretary  of  the  Navy  a  strict  enforcement  of  the 
provisions  of  section  1,  Rule  I,  of  the  civil-service  rules  would  influence  the  result  of  a 
local  election  the  issue  of  which  materially  affects  the  local  welfare  of  the  Government 
employees  in  the  vicinity  of  any  navy  yard  or  station  the  Civil  Service  Commission  may, 
on  recommendation  of  the  Secretary  of  the  Navy,  and  after  such  investigation  as  it  may 
deem  necessary,  permit  the  active  participation  of  the  employees  of  the  yard  or  station 
in  such  local  election.  In  the  exercise  of  the  privilege  which  may  be  conferred  here¬ 
under,  persons  affected  must  not  neglect  their  official  duties  nor  cause  public  scandal  by 
their  activity. 

25.  Practice  under  order  of  May  14,  1909. — This  order  does  not  operate  to  re¬ 
peal  that  of  January  17,  1873,  so  far  as  it  applies  to  navy-yard  employees,  but 
merely  provides  for  a  waiver  of  the  political-activity  rule.  It  is  not  the  prac¬ 
tice  of  the  Department  to  recommend  or  of  the  Commission  to  grant  under  this 
order  permission  to  bosses  or  head  men,  by  whatever  designation  known,  or  to 
any  person  whose  recommendations  have,  by  regulation,  any  infiuence  upon  the 
employment,  promotion,  laying  off,  or  discharge  of  other  employees,  to  become 
candidates  for  local  office,  as  in  such  case  there  would  be  temptation  to  use  the 
power  of  their  official  positions  to  secure  election.  The  order  applies  only  to 
local  municipal  elections,  and  does  not  apply  to  localities  where  the  proportion 
of  Government  employees  to  total  population  is  negligible. 

26.  Executive  order  of  August  4,  1909: 

Whereas  by  an  Executive  order  of  January  17,  1873,  it  was  declared  that  “  persons 
holding  any  Federal  civil  office  by  appointment,  under  the  Constitution  and  the  laws  of 
the  United  States  will  be  expected,  while  holding  such  office,  not  to  accept  or  hold  any 
office  under  any  State  or  Territorial  government  or  under  the  charter  or  ordinances  of 
any  municipal  corporation.”  I  deem  it  proper  to  give  public  notice  that  hereafter,  in  order 
to  secure  a  more  efficient  administration  of  the  work  of  the  Bureau  of  the  Census,  certain 
State  and  county  officials,  such  as  sheriffs,  deputy  sheriffs,  tax  collectors,  assessors,  ’deputy 
assessors,  school  commissioners,  superintendents,  etc.,  may  accept  appointments  as  specia'l 
agents  for  the  collection  of  statistics  of  cotton. 

27.  Executive  order  of  February  14,  1912: 

Employees  of  the  executive  civil  service  permanently  residing  in  the  following  incor¬ 
porated  municipalities  adjacent  to  the  District  of  Columbia  will  not  be  prohibited  from 
becoming  candidates  for  or  holding  municipal  office  in  such  corporations  : 

In  Maryland — Takoma  Park,  Kensington,  Garrett  Park,  Chevy  Chase,  Glen  Echo, 
Hyattsville,  Mount  Rainier. 

In  Virginia — Falls  Church,  Vienna,  Herndon. 

In  the  exercise  of  the  privilege  granted  by  this  order  officers  and  employees  must  not 
neglect  their  official  duties  and  must  not  engage  in  national.  State,  or  county  political 
activity  in  violation  of  the  civil-service  rules,  and  if  there  is  such  violation  the  head  of  the 
Department  or  independent  office  in  which  the  person  is  employed  shall  inflict  such  punish¬ 
ment  as  the  Civil  Service  Commission  shall  recommend. 

This  order,  which  is  recommended  by  the  Civil  Service  Commission,  is  based  upon  the 
facts  that  a  considerable  number  of  the  residents  and  taxpayers  of  the  towns  mentioned 
are  employed  in  the  Government  service;  that  service  as  municipal  officers  in  such  towns 
should  in  no  way  involve  general  partisan  political  activity,  and  that  the  principle  of  home 
rule  and  local  self-government  justifies  such  participation. 

28.  Scope  of  order  of  February  14,  1912. — The  exception  made  in  this  case  to 
section  1  of  Rule  I  and  the  Executive  order  of  January  17,  1873,  does  not 
extend  to  municipalities  other  than  those  specifically  named,  and  Government 
employees  residing  in  other  towns  than  these  who  desire  to  become  candidates 
for  local  office  or  to  take  an  active  part  in  political  campaigns  are  not  permitted 
by  this  order  to  do  so. 


12 


29.  Executive  order  of  August  24,  1912: 

The  temporary  office  of  moderator  of  a  town  meeting  and  offices  of  a  like  character 
are  hereby  excepted  from  the  operation  of  the  Executive  order  of  January  17,  1873, 
prohibiting  persons  in  the  Federal  civil  service  from  holding  office  under  the  charter  or 
ordinances  of  any  municipal  corporation,  and  may  be  held  hj’  persons  in  the  executive 
civil  service.  Membership  in  the  civil  service  ought  not  to  prevent  an  employee  from 
taking  part  in  the  ordinary  municipal  affairs  of  the  community  in  which  he  lives,  where 
that  part  does  not  involve  permanent  service  but  only  such  a  temporary  duty  as  that  of 
acting  chairman  of  a  municipal  business  meeting,  where  such  service  is  not  compensated 
by  any  salary  or  other  emolument,  and  where  the  attention  required  by  such  service  does  i 

not  interfere  with  the  regular  and  efficient  discharge  of  the  duties  of  the  Federal 
office  held. 

In  the  exercise  of  the  privilege  granted  by  this  order  officers  and  employees  must  not 
neglect  their  official  duties  and  must  not  engage  in  national,  State,  or  county  political 
activity  in  violation  of  the  civil-service  rules  ;  and  in  seeking  the  local  offices  named  or  in 
performing  the  duties  thereof  employees  shall  not  use  the  authority  or  influence  of  their  ^ 

Federal  positions  nor  take  an  active  part  in  political  management  or  in  political 
campaigns. 

30.  Other  forms  of  activity. — ^^^mong  other  forms  of  political  activity  which 
are  prohibited  by  the  rule  are  the  distribution  of  campaign  literature,  badges, 
or  buttons,  the  wearing  of  such  badges  or  buttons  while  on  duty,  the  circulation 
but  not  the  signing  of  political  petitions  (including  initiative  and  referendum, 
recall,  and  nominating  petitions),  and  general  political  leadership  or  becoming 
prominently  identified  with  any  political  movement,  party,  or  faction  or  with 
the  success  or  failure  of  any  candidate  for  election  to  public  office. 

31.  Candidacy  for  presidential  positions. — Where  a  competitive  employee  seeks 
promotion  in  the  way  of  appointment  or  transfer  to  an  unclassified  office,  there 
is  no  objection  to  his  becoming  a  candidate  for  such  an  office,  provided  the 
consent  of  his  Department  is  obtained,  and  provided  he  does  not  violate  section 
1  of  Rule  I,  prohibiting  the  use  of  his  official  authority  or  influence  in  political 
matters,  and  provided  further  that  he  avoids  neglect  of  duty  and  any  action 
that  would  cause  public  scandal  or  semblance  of  coercion  upon  his  fellow 
employees  or  upon  those  over  whom  he  desires  to  be  placed  in  the  position  to 
which  he  seeks  appointment. 

A  competitive  classified  employee  may  circulate  a  petition  or  seek  indorse¬ 
ments  for  his  own  apiwintment  to  an  unclassified  position,  subject  to  the 
qualifications  above  stated,  and  he  may,  as  an  individual,  sign  a  petition  or 
recommend  another  for  such  an  appointment ;  but  he  may  not  circulate  a 
petition  or  solicit  indorsements,  recommendations,  or  support  for  the  appoint¬ 
ment  of  another  person  to  such  a  position,  whether  or  not  such  other  person  is  a 
fellow  employee  or  one  not  at  the  time  in  the  Government  service. 

In  case  an  unofficial  primary  or  election  is  held  for  the  purpose  of  determin¬ 
ing  the  ixipular  choice  for  the  unclassified  office,  a  competitive  employee  may 
permit  his  name  to  appear  upon  the  ticket,  but  he  may  not  solicit  votes  in  his 
behalf  at  such  a  primary  or  election,  or  in  any  other  manner  violate  section  1 
of  Rule  I.  He  may  vote  and  express  privately  his  opinions,  but  may  not  solicit 
votes  or  publicly  advocate  the  candidacy  or  election  of  himself  or  any  other 
person. 

32.  Signing  of  petitions. — As  stated  in  the  preceding  paragraph,  it  is  per¬ 
missible  for  a  competitive  classified  employee,  as  an  individual,  to  sign  a  peti¬ 
tion  or  recommend  another  for  appointment  to  an  unclassified  position.  He  is 
not  permitted  to  sign  such  a  petition  as  a  Government  employee  or  in  any  other 
way  to  use  his  official  authority  or  influence  to  advance  the  candidacy  of  any 
person  for  election  or  appointment  to  any  office.  While  competitive  employees 
are  permitted  to  exercise  the  right  as  individuals  to  sign  a  petition  favoring  a 
candidate  for  any  office,  they  may  not  do  so  as  Government  employees  or  as  a 
group  or  association  of  Government  employees. 

33.  Reinstatement. — The  conditions  under  which  reinstatement  may  be  author¬ 
ized  where  an  employee  resigns  to  engage  in  political  activity  or  to  become  a 
candidate  for  elective  office  are  indicated  in  the  following  extract  from  a  letter 

of  the  President  dated  December  26,  1911 :  * 

I  am  of  opinion  that,  in  accord  with  the  spirit  of  our  institutions  in  recognizing  the 
fundamental  right  of  citizenship,  a  citizen  who  resigns  to  become  a  candidate  for  office 
and  pursues  a  course  free  from  coercion,  bribery,  or  other  scandalous  or  unlawful  con¬ 
duct  should  not  thereby  be  prejudiced  by  being  refused  reinstatement  within  the  period  of 
eligibility  prescribed  by  the  rules  ;  nor  do  I  think  any  distinction  should  be  made  between  v 

the  person  who  resigns  and  becomes  a  candidate  and  one  who  resigns,  not  to  be  a  candi¬ 
date,  but  to  manage  or  take  part  in  a  political  campaign  for  a  party.  If  lie  wishes  to 
run  the  risk  of  finding  an  Executive  who  will  reinstate  him  and  he  resigns  in  order  to 
avoid  a  violation  of  the  rules  as  to  participation  in  electoral  contests  by  members  of  the 


13 


classified  service,  I  do  not  see  why  it  should  demoralize  the  service  to  allow  him  to  resign 
and  run  the  risk  of  securing  the  approval  of  his  reinstatement  by  the  Executive  within  a 
year  after  he  has  resigned. 

In  a  similar  case  the  President  had  stated  previously :  “  I  do  not  mean  to 
say  that  the  circumstances  under  which  one  leaves  a  Department  and  the  pur- 
liose  for  which  it  is  done  might  not  affect  the  right  to  reinstatement.” 

If  one  resigns  not  merely  to  escape  punishment  for  political  activity  prior  to 
resignation,  but  without  delinquency  or  misconduct  and  to  avoid  violation  of 
the  rule,  and  is  guilty  of  no  scandalous  or  unlawful  conduct  in  his  activity  after 
resignation,  his  reinstatement  may  be  authorized. 


11.  POLITICAL  ACTIYITY  OF  PRESIDENTIAL  OFFICERS 
AND  INCUMBENTS  OF  UNCLASSIFIED  AND  EXCEPTED 
POSITIONS. 

34.  Early  restrictions  on  unclassified  officers. — On  February  2,  1801,  in  a  letter 
to  Thomas  McKean,  President-elect  Jefferson  wrote: 

One  thing  I  will  say,  that  as  to  the  future  interference  with  elections,  whether  of  the 
State  or  General  Government,  by  officers  of  the  latter  should  be  deemed  cause  of  re¬ 
moval.  The  constitutional  remedy  by  the  elective  principle  becomes  nothing  if  it  may 
be  smothered  by  the  enormous  patronage  of  the  General  Government. 

In  October,  1802,  he  outlined  his  policy  to  his  Attorney  General,  as  follows : 

Every  officer  of  the  Government  may  vote  at  elections  according  to  his  conscience ; 
but  we  should  betray  the  cause  committed  to  our  care  were  we  to  permit  the  influence 
of  official  patronage  to  be  used  to  overthrow  that  cause. 

Shortly  afterwards  the  following  circular  was  issued  by  the  heads  of  the 
Executive  Departments : 

The  President  of  the  United  States  has  seen,  with  dissatisfaction,  officers  of  the 
General  Government  taking  on  various  occasions  active  parts  in  elections  of  the  public 
functionaries,  whether  of  the  General  or  of  the  State  Governments.  Freedom  of  elections 
being  essential  to  the  mutual  independence  of  governments  and  of  the  different  branches 
of  the  same  Government,  so  vitally  cherished  by  most  of  our  constitutions,  it  is  deemed 
improper  for  officers  depending  on  the  Executive  of  the  Union  to  attempt  to  control  or 
influence  the  free  exercise  of  the  elective  right.  This,  I  am  instructed,  therefore,  to 
notify  to  all  officers  within  my  Department  holding  their  appointments  under  the  authority 
of  the  President  directly  and  to  desire  them  to  notify  to  all  subordinate  to  them.  The 
right  of  any  officer  to  give  his  vote  at  elections  as  a  qualified  citizen  is  not  meant  to  be 
restrained,  nor,  however  given,  shall  it  have  any  effect  to  his  prejudice  ;  but  it  is  ex¬ 
pected  that  he  will  not  attempt  to  influence  the  votes  of  others  nor  take  any  part  in 
the  business  of  electioneering,  that  being  deemed  inconsistent  with  the  spirit  of  the 
Constitution  and  his  duties  to  it. 

On  INInrch  20,  1841,  during  the  administration  of  President  W.  H.  Harrison, 
the  following  circular  was  issued  by  Hon.  Daniel  Webster,  Secretary  of  State: 

The  President  is  of  opinion  that  it  is  a  great  abuse  to  bring  the  patronage  of  the 
General  Government  into  conflict  with  the  freedom  of  elections,  and  that  this  abuse 
ought  to  be  corrected  wherever  it  may  have  been  permitted  to  exist  and  to  be  prevented 
for  the  future. 

He  therefore  directs  that  information  be  given  to  all  officers  and  agents  in  your  De¬ 
partment  of  the  public  service  that  partisan  interference  in  popular  elections,  whether 
of  State  officers  or  officers  of  this  Government,  and  for  whomsoever  or  against  whom¬ 
soever  it  may  be  exercised,  or  the  payment  of  any  contribution  or  assessment  on  salaries, 
or  official  compensation  for  party-election  purposes  will  be  regarded  by  him  as  cause  of 
removal. 

It  is  not  intended  that  any  officer  shall  be  restrained  in  the  free  and  proper  expression 
and  maintenance  of  his  opinions  respecting  public  men  or  public  measures  or  in  the 
exercise  to  the  fullest  degree  of  the  constitutional  right  of  suffrage.  But  persons  em¬ 
ployed  under  the  Government  and  paid  for  their  services  out  of  the  Public  Treasury 
are  not  expected  to  take  an  active  or  officious  part  in  attempts  to  influence  the  m.inds 
or  votes  of  others,  such  conduct  being  deemed  inconsistent  with  the  spirit  of  the 
Constitution  and  the  duties  of  public  agents  acting  under  it ;  and  the  Pre  ident  is  re¬ 
solved,  so  far  as  depends  upon  him,  that  while  the  exercise  of  the  elective  franchise 
by  the  people  shall  be  free  from  undue  influence  of  official  station  and  authority  opinion 
shall  also  be  free  among  the  officers  and  agents  of  the  Government. 

On  July  14,  1886.  the  following  warning  was  addressed  “  To  the  heads  of 
Departments  in  the  service  of  the  General  Government  ”  by  President  Cleve¬ 
land  : 

I  deem  this  a  proper  time  to  especially  warn  all  subordinates  in  the  several  Departments 
and  all  officeholders  under  the  General  Government  against  the  use  of  their  official  posi¬ 
tions  in  attempts  to  control  political  movements  in  their  localities. 

Officeholders  are  the  agents  of  the  people,  not  their  masters.  Not  only  is  their  time 
and  labor  due  to  the  Government,  but  they  should  scrupulously  avoid,  in  their  political 
action  as  well  as  in  the  discharge  of  their  official  duties,  offending  by  display  of  obtrusive 
partisanship  their  neighbors  who  have  relations  wdth  them  as  public  officials. 


14 


They  should  also  constantly  remember  that  their  party  friends  from  whom  they  haT4» 
received  preferment  have  not  invested  them  with  the  power  of  arbitrarily  managing  their 
political  affairs.  They  have  no  right  as  officeholders  to  dictate  the  political  action  of  their 
party  associates  or  to  throttle  freedom  of  action  within  party  lines  by  methods  and  prac¬ 
tices  which  pervert  every  useful  and  justifiable  purpose  of  party  organization.  Tlie  in¬ 
fluence  of  Federal  ofTiceholdcrs  should  not  be  felt  in  the  manipulation  of  political  primary 
meetings  and  nominating  conventions.  The  use  by  these  officials  of  their  positions  t» 
compass  their  selection  as  delegates  to  political  conventions  is  indecent  and  unfair,  and 
proper  regard  for  the  proprieties  and  requirements  of  official  place  will  also  prevent  their 
assuming  the  active  conduct  of  political  campaigns. 

Individual  interest  and  activity  in  political  affairs  are  by  no  means  condemned.  Office¬ 
holders  are  neither  disfranchised  nor  forbidden  the  exercise  of  political  privileges,  but  4 

their  privileges  are  not  enlarged  nor  is  their  duty  to  party  increased  to  pernicious  activity 
by  office  holding. 

A  just  discriminalion  in  this  regard  between  the  things  a  citizen  may  properly  do  and 
the  i)uri)()S(>s  for  which  a  public  office  should  not  be  used  is  easy,  in  the  light  of  a  correct 
appreciation  of  the  relation  between  the  people  and  those  intrusted  with  official  place  and 
the  consideration  of  the  necessity  under  our  form  of  government  of  political  action  free  % 

from  official  coercion. 

You  are  reqiu'stt'd  to  communicate  the  substance  of  these  views  to  those  for  whose 
guidance  they  are  intended. 

35.  President’s  letter  of  June  13,  1902. — Under  date  of  June  5,  1902,  the  Com¬ 
mission  addressed  a  letter  to  the  President  in  which  it  called  attention  to  the 
omission  in  the  new  postal  regulations,  issued  April  1,  1902,  of  former  section 
435,  providing  that — 

0 

Officeholders  should  not  offend  by  obtrusive  partisanship,  nor  assume  the  active  con¬ 
duct  of  political  campaigns.  *  *  *  This  is  in  consonance  with  the  order  of  Presi¬ 

dent  Cleveland  of  July  14,  1886. 

The  Commission  also  called  the  President’s  attention  to  the  following  state¬ 
ment  in  its  Eleventh  Report : 

The  Commission  feels  strongly  that  whatever  rule  is  adopted  should  apply  equally  to 
adherents  of  all  parties,  and  that  it  would  be  safe  to  adopt  as  such  a  rule  the  require¬ 
ment  that  the  adherents  of  the  party  in  power  shall  never  do  what  would  cause  friction 
in  the  office  and  subvert  discipline  if  done  by  the  opponents  of  the  party  in  power. 

A  mnn  in  the  clnssiti('d  service  has  the  entire  right  to  vote  as  he  pleases  and  to  express 
privately  his  opinions  on  all  political  subjects,  but  he  should  not  take  any  active  part 
in  political  management  or  in  political  campaigns,  for  precisely  the  same  reasons  that 
a  judge,  an  Army  officer,  a  regular  soldier,  or  a  policeman  is  debarred  from  taking  such 
active  part.  It  is  no  hardship  to  a  man  to  require  this  It  leaves  him  free  to  vote, 
think,  and  speak  privately  as  he  chooses,  but  it  prevents  him,  while  in  the  service  of  the 
whole  pul)lic,  from  turning  his  official  position  to  the  benefit  of  one  of  the  parties  into 
which  that  whole  public  is  divided  ;  and  in  no  other  way  can  this  be  prevented 

The  Commission  recommended  either  that  a  general  Executive  order  upon 
the  subject  be  issued  by  the  President  or  that  recommendations  he  made  to 
the  heads  of  Departments  for  the  establishment  of  regulations  similar  to  the 
post-office  regulation  which  had  been  omitted. 

The  following  reply  was  received  under  date  of  June  13,  1902: 

Gentpfmex  ;  As  the  greater  includes  the  less,  and  as  the  Executive  order  of  Presi¬ 
dent  Cleveland  of  July  14,  1886,  is  still  in  force,  I  hardly  think  it  will  be  necessary  again 
to  change  the  postal  regulations. 

The  trouble,  of  course,  comes  in  the  interpretation  of  this  Executive  order  of  Presi¬ 
dent  Cleveland.  After  16  years’  experience  it  has  been  found  impossible  to  formulate 
in  precise  language  any  general  construction  which  shall  not  work  either  absurdity 
or  injustice.  Each  case  must  be  decided  on  its  merits.  For  instance,  it  is  obviously 
unwise  to  apply  the  same  rule  to  the  head  of  a  big  city  Federal  office,  who  may  by  his 
actions  coerce  hundreds  of  employees,  as  to  a  fourth-class  postmaster  in  a  small  village 
who  has  no  employees  to  coerce  and  who  simply  wishes  to  continue  to  act  with  refer¬ 
ence  to  his  neight)ors  as  he  always  has  acted. 

As  Civil  Service  Commissioner  under  Presidents  Harrison  and  Cleveland  I  found  it 
so  impossible  satisfactorily  to  formulate  and  decide  upon  questions  involved  in  these 
matters  of  so-calh'd  pernicious  activity  by  officeholders  in  politics  that  in  the  Eleventh 
Report  of  the  (’ommission  I  personally  drew  up  the  paragraph  which  you  quote.  This 
paragraph  was  drawn  with  a  view  of  making  a  sharp  line  between  the"  activity  allowed 
to  puldic  servants  within  the  classified  service  and  those  without  the  classified  service. 

The  latter  under  our  system  are,  as  a  rule,  chosen  largely  with  reference  to  political 
considerations,  and,  as  a  rule,  are  and  expect  to  be  changed  with  the  change  of  parties. 

In  the  classified  service,  however,  the  choice  is  made  without  reference  to  political  con¬ 
siderations  and  the  tenure  of  office  is  unaffected  by  the  change  of  parties.  Under  these 
circumstances  it  is  obvious  that  different  standpoints  of  conduct  apply  to  the  two  cases 
In  consideration  of  fixity  of  tenure  and  of  appointment  in  no  may  due  to  political  con-  * 

sidcrativns,  the  man  in,  the  classified  service,  while  retaining  his  right  to  vote  as  he 
pleases  and  to  express  privately  his  opinions  on  all  political  subjects,  “  should  not  take 
any  active  part  in  political  manariemcnt  or  in  political  campaigns,  for  precisely  the  same 
reasons  that  a  judge,  an  Army  officer,  a  regular  soldier,  or  a  policeman  is  debarred  from 
taking  such  active  part.”  This,  of  course,  applies  even  more  strongly  to  any  conduct 
on  the  part  of  such  employee  so  prejudicial  to  good  discipline  as  is  implied  in  a  public  V 

attack  on  his  or  her  superior  officers,  or  other  conduct  liable  to  cause  scandal. 

It  seemed  to  me  at  the  time,  and  I  still  think,  that  the  line  thus  drawn  was  wise  and 
proper.  After  my  experience  under  two  Presidents — one  of  my  own  political  faith  and 
one  not — I  had  become  convinced  that  it  was  undesirable  and  impossible  to  lay  down 
a  rule  for  public  officers  not  in  the  classified  service  which  should  limit  their  political 


15 


activity  as  strictly  as  we  could  rightly  and  properly  limit  the  activity  of  those  in  whose 
choice  and  retention  the  element  of  political  considerations  did  not  enter ;  and  after¬ 
wards  I  became  convinced  that  in  its  actual  construction,  if  there  was  any  pretense  of 
applying  it  impartially,  it  inevitably  worked  unevenly,  and,  as  a  matter  of  fact,  inevitably 
produced  an  impression  of  hyprocrisy  in  those  who  asserted  that  it  worked  evenly. 
OfjficcJioJders  must  not  use  their  offices  to  control  political  movements,  must  not  neglect 
their  public  duties,  must  not  cause  public  scandal  by  their  activity;  but  outside  of  the 
classified  service  the  effort  to  go  further  than  this  had  failed  so  signally  at  the  time 
when  the  Eleventh  Report,  which  you  have  quoted,  was  written,  and  its  unwisdom  had 
been  so  thoroughly  demonstrated  that  I  felt  it  necessary  to  try  to  draw  the  distinction 
therein  indicated. 

Sincerely,  yours,  ^  Theodore  Roosevelt. 

36.  Enforcement  of  restrictions. — The  Executive  order  of  January  17,  1873 
(see  paragraph  18  et  seq.),  applies  to  incumbents  of  unclassified  and  excepted, 
as  well  as  competitive,  positions.  Its  interpretation  and  enforcement,  so  far  as 
unclassified  and  excepted  officers  and  employees  are  concerned,  pertains  to  the 
several  Departments.  Many  of  the  States  have  constitutional  or  statutory  in¬ 
hibitions  against  the  holding  of  certain  or  all  State,  county,  or  municipal  offices 
by  any  person  holding  an  office  of  profit,  honor,  or  trust  under  the  United  States, 
and  the  local  statutes  and  decisions  should  be  consulted.  The  practice  of  some 
©f  the  Departments  with  respect  to  the  political  activity  of  incumbents  of  un¬ 
classified  and  excepted  offices  and  the  holding  of  local  office  by  such  persons  is 
stated  below. 

37.  Department  of  State. — In  an  order  of  October  1,  1904,  the  Secretary  of 
State  said : 

Officers  and  employees  of  this  Department  *  *  *  are  prohibited  from  such  active 

participation  in  campaign  work  as  is  incompatible  with  their  official  duties.  They  should 
not  serve  on  committees  charged  with  the  collection  and  disbursement  of  political  funds, 
but  they  are  free  to  vote  and,  in  a  proper  way,  to  express  their  political  sentiments  and 
preferences. 

38.  Treasury  Department. — In  an  order  of  the  Commissioner  of  Internal  Reve¬ 
nue,  dated  December  9,  1905,  addressed  to  collectors  of  internal  revenue,  the 
Commissioner  said : 

By  reason  of  the  fact  that  political  parties  are  frequently,  often  necessarily,  engaged 
more  or  less  in  the  collection  of  money  for  political  purposes,  and  in  such  work  often 
secure  contributions  from  persons  in  the  Federal  service,  it  is  not  deemed  wise  for  col¬ 
lectors  or  their  deputies  to  be  members  of  local  political  committees. 

39.  Department  of  Justice. — The  Attorney  General,  in  an  order  dated  Novem¬ 
ber  22,  1901,  addressed  to  all  officers  and  employees  of  the  Department  of 
Justice,  said; 

The  spirit  of  the  civil-service  law  and  rules  renders  it  highly  undesirable  for  Federal 
officers  and  employees  to  take  an  active  part  in  political  conventions  or  in  the  direction 
of  other  parts  of  political  machinery.  Persons  in  the  Government  service  under  this 
Department  should  not  act  as  chairmen  of  political  organizations  nor  make  themselves 
unduly  prominent  in’  local  political  matters. 

40.  Post  Office  Department. — The  Postmaster  General,  in  an  order  issued  Octo¬ 
ber  1,  1902,  said : 

As  to  political  activity,  a  sharp  line  is  drawn  between  those  in  the  classified  and  those 
in  the  unclassified  service.  Postmasters  or  others  holding  unclassified  positions  are  sim¬ 
ply  prohibited  from  using  their  offices  to  control  political  movements,  from  neglecting 
their  duties,  and  from  causing  public  scandal  by  their  political  activity. 

In  a  letter  of  November  20,  1906,  the  Postmaster  General  said : 

It  is  not  the  practice  of  this  department  to  prohibit  postmasters  from  holding  posi¬ 
tions  as  members  of  political  committees,  but  it  does  prohibit  them  from  serving  in  the 
capacity  of  officers  of  such  committees. 

41.  Navy  Department. — In  the  Navy  Department  there  have  been  cases  where 
the  holding  of  a  municipal  office  in  conjunction  with  a  Federal  office  has  been 
permitted,  precautions  being  taken  that  the  interests  of  the  public  service  are 
not  infringed.  (See  paragraph  25.) 

42.  Department  of  the  Interior. — In  this  Department  there  is  a  general  ob¬ 
servance  of  the  Executive  order  of  January  17,  1873,  the  opinion  being  held  that 
a  reasonable  discretion  is  left  to  the  heads  of  Departments  in  determining  indi¬ 
vidual  cases.  It  is  preferred  by  the  Department  that  its  employees  do  not  hold 
dual  offices  in  order  that  their  undivided  attention  may  be  given  to  departmental 
duties.  (See  paragraph  21.) 

43.  Department  of  Agriculture. — The  cooperation  of  State  officials  is  consid¬ 
ered  essential  in  eradicating  contagious  diseases  of  domestic  animals,  the  gath¬ 
ering  of  statistics  in  relation  to  agricultural  products,  and  in  connection  with 
various  experimental  works.  The  Department  of  Agriculture  avails  itself  of 


16 


the  services  of  State  officers  occupying  positions  in  State  agricultural  colleges 
and  experiment  stations — as  a  general  rule  of  no  political  significance.  The 
official  connection  of  these  officers  with  State  institutions  places  them  in  a  posi¬ 
tion  to  be  of  greater  value  to  the  Department  than  employees  not  so  connected. 
The  Department  considers  both  itself  and  the  State  institutif)ns  to  be  benefited 
by  the  cooperation  of  these  emi)loyees  and  believes  the  holding  of  such  State 
offices  not  to  be  incompatible  with  the  position  they  hold  under  the  Federal 
Government.  (See  paragraph  23.) 


III.  POLITICAL  ASSESSMENTS. 

44.  SOLICITATION  OR  RECEIPT  OF  POLITICAL  CONTRIBUTIONS  BY 
ONE  E3IPL0YEE  FR03I  ANOTHER.— Section  118,  Criminal  Code  (35  Stat., 

1110),  provides:  ^ 

“  No  Senator  or  Representative  in,  or  Delegate  or  Resident  Commissioner 
to  Congress,  or  Senator,  Representative,  Delegate,  or  Resident  Commissioner 
elect,  or  officer  or  employee  of  either  House  of  Congress,  and  no  executive, 
judicial,  military,  or  naval  officer  of  the  United  States,  and  no  clerk  or 
employee  of  any  department,  branch,  or  bureau  of  the  executive,  judicial, 
or  military  or  naval  service  of  the  United  States,  shall,  directly  or  indi¬ 
rectly,  solicit  or  receive,  or  be  in  any  manner  concerned  in  soliciting  or 
receiving,  any  assessment,  subscription,  or  contribution  for  any  political 
purpose  whatever  from  any  officer,  clerk,  or  employee  of  the  United  States, 
or  any  department,  branch,  or  bureau  thereof,  or  from  any  person  receiving 
any  salary  or  compensation  from  moneys  derived  from  the  Treasury  of  the 
United  States.” 

45.  Constitutionality  of  laws  prohibiting  assessments. — This  section  of  the 
Criminal  Code,  in  effect  January  1,  1910,  superseded  section  11  of  the  civil- 
service  act  of  January  IG,  1883  (22  Stat.,  403),  which  in  turn  was  based  uix>n 
section  6  of  the  act  of  August  15,  1876  (19  Stat.,  143;  1  Sup.  R.  S.,  245).  The 
following  is  an  extract  from  the  opinion  of  the  Supreme  Court  in  Ex  Parte 
Curtis  (106  U.  S.,  371),  as  to  the  constitutionality  of  the  last-named  statute: 

A  feeling  of  independence  under  the  law  conduces  to  faithful  public  service,  and  noth¬ 
ing  tends  more  to  take  away  this  feeling  than  a  dread  of  dismissal.  If  contributions 
from  those  in  public  employment  may  be  solicited  by  others  in  official  authority,  it  is 
easy  to  see  that  what  begins  as  a  request  may  end  as  a  demand,  and  that  a  failure  to 
meet  the  demand  may  be  treated  by  those  having  the  power  of  removal  as  a  breach  of 
some  supposed  duty,  growing  out  of  the  political  relations  of  the  parties.  Contributions 
secured  under  such  circumstances  will  quite  as  likely  be  made  to  avoid  the  consequences 
of  the  personal  displeasure  of  a  superior  as  to  promote  the  political  views  of  the  contrib¬ 
utor — to  avoid  a  dischai’ge  from  service  more  than  to  exercise  a  political  privilege. 

The  law  contemplates  no  restrictions  upon  either  giving  or  receiving  except  so  far 
as  may  be  necessary  to  protect,  in  some  degree,  those  in  the  public  service  against 
exactions  through  fear  of  personal  loss.  *  *  *  if  it  was  constitutional  to  prohibit 

the  act,  the  kind  or  degree  of  punishment  to  be  inflicted  for  disregarding  the  pro¬ 
hibition  is  clearly  within  the  discretion  of  Congress,  provided  it  be  not  cruel  or  unusual. 

If  there  were  "no  other  reasons  for  legislation  of  this  character  than  such  as  relate 
to  the  protection  of  those  in  the  public  service  against  un.iust  exactions,  its  constitu¬ 
tionality  would,  in  our  opinion,  be  clear ;  but  there  are  others,  to  our  minds,  equally 
good,  if  persons  in  public  employ  may  be  called  on  by  those  in  authority  to  contribute 
from  their  personal  income  to  the  expenses  of  political  campaigns,  and  a  refusal  may 
lead  to  putting  good  men  out  of  the  service,  liberal  payments  may  be  made  the  ground 
tor  keeping  pool-  ones  in.  So,  too,  if  a  part  of  the  compensation  received  for  public 
services  must  be  contributed  for  political  purposes,  it  is  easy  to  see  that  an  increase  of 
compensation  may  be  required  to  provide  the  means  to  make  the  contribution,  and  that 
in  this  way  the  Government  itself  may  be  made  to  furnish  indirectly  the  money  to 
defray  the  expenses  of  keeping  the  political  party  in  power  that  happens  to  have,  for 
the  time  being,  the  control  of  the  public  patronage.  Political  parties  must  almost  nec¬ 
essarily  exist  under  a  republican  form  of  government,  and  when  public  employment 
depends,  to  anv  considerable  extent,  on  parf>-  success,  those  in  office  will  naturally  be 
desirous  of  keeping  the  party  to  which  they  belong  in  power.  The  statute  we  are  now 
considering  does  not  interfere  with  this.  The  apparent  end  of  Congress  will  be  accom¬ 
plished  if  it  prevents  those  in  power  from  requiring  help  for  such  purposes  as  a  condi¬ 
tion  to  continued  employment. 

We  deem  it  unnecessary  to  pursue  the  subject  further.  In  our  opinion  the  statute  ^ 

under  which  the  petitioner  was  convicted  is  constitutional.  ♦  ♦  ♦ 

46.  Circulars  of  solicitation  bearing  names  of  Federal  employees. — In  an  opinion 
of  October  17,  1902  (24  Op.,  133),  the  Attorney  General  held  that  the  sending 
of  a  circular  letter  by  a  iwlitical  committee  to  Federal  officers  and  employees 
soliciting  financial  aid  in  Congressional  or  State  elections,  nixm  or  attached  to 
which  appear  the  names  of  Federal  officers  or  employees,  is  a  violation  of 
tion  11  of  the  civil-service  act  (now  section  118  of  the  Criminal  Code),  which 


17 


declares  tliat  no  officer  or  employee  of  the  Government  shall  be  in  any  manner 
concerned  in  soliciting  or  receiving  any  assessment  or  contribution  for  any 
political  purpose  whatever  from  any  officer  or  employee  of  the  United  States 
The  statute  unquestionably  condemns  all  such  circulars,  notwithstanding  the 
particular  form  of  words  adopted,  in  order  to  show  a  request  rather  than  a 
demand,  and  to  give  the  responses  a  quasi-voluntary  character. 

47.  Sufficiency  of  indictments. — The  following  are  extracts  from  the  decision 
in  United  States  n).  Scott  (74  Fed.,  213),  in  the  Circuit  Court  of  the  District  of 
Kentucky,  rendered  October  7,  1895,  by  Taft,  J. : 

To  charge  a  man  with  soliciting  a  contribution  from  United  States  officers  for  a 
political  purpose  carries  with  it  by  implication  a  charge  that  the  accused  knew  the 
purpose  for  which  the  contribution  was  solicited.  The  words  “  for  a  political  purpose  ” 
may  reasonably  be  construed  to  qualify  not  only  the  contribution  but  the  solicitation. 
Similarly,  to  charge  that  a  man  received  from  another  his  contribution  for  a  political 
purpose,  by  implication  charges  that  the  reception  was  for  the  same  purpose  as  the 
contribution.  *  *  *  Nor  was  it  necessary  to  set  out  the  specific  averment  that  the 
defendant  knew  that  the  persons  from  whom  the  contributions  were  received  were  officers 
of  the  United  States. 

48.  Membership  on  or  services  for  political  committees. — Any  officer  or  em¬ 
ployee  of  the  United  States  who  is  a  member  of  a  political  committee  which 
solicits  or  receives  political  contributions  from  another  officer  or  employee  is 
“concerned  in  soliciting  or  receiving”  within  the  meaning  of  this  section,  as  is 
also  an  officer  or  employee  who  makes  or  furnishes  a  list  of  Government  em¬ 
ployees  to  a  political  committee  for  use  in  soliciting  political  contributions  from 
them. 

In  an  opinion  of  January  25,  1896  (21  Op.,  298),  the  Attorney  General  held 
that  a  disbursing  agent  of  the  Government  who  honored  an  order  of  another 
person  to  pay  a  portion  of  his  salary  to  a  person  not  in  the  service  in  aid  of  a 
political  fund,  knowing  the  purpose  of  such  payment,  did  not  violate  the  law, 
stating : 

Bellman’s  action  must  therefore  be  judged  by  section  11  alone.  I  can  not  see  how  it 
can  fairly  be  said  that  it  was  a  violation  of  the  provisions  of  this  section.  It  is  admitted 
that  he  did  not  solicit  the  contribution.  Nor  can  it  be  said,  in  any  proper  sense  of  the 
term,  that  he  received  it.  He  physically  took  the  money  from  the  package,  but  he  did 
so  merely  as  the  agent  of  the  owner,  and  so  long  as  it  remained  in  his  possession  he 
held  it  as  the  agent  of  the  owner,  who  had  a  right  at  any  time  to  revoke  his  order  and 
reclaim  the  money.  This  right  continued  until  Bellman  actually  handed  the  money  over 
to  the  third  person,  who  alone  can  be  said  to  have  received  it.  When  he  received  it  it 
was  from  the  secret  agent  in  Chicago  by  the  hand  of  Bellman  and  not  from  Bellman. 
He  was  accountable  to  the  agent  in  Chicago  and  not  to  Bellman  for  its  use  or  misuse. 
Bellman  had  no  more  to  do  with  the  transaction  than  a  mere  messenger  would  have  had 
to  whom  the  owner  had  handed  it  for  delivery.  The  receipt  of  money,  etc.,  intended  by 
the  statute  is  acceptance  of  possession  which  confers  a  right  of  disposal,  not  possession 
which  simply  constitutes  the  taker  a  mere  custodian  without  right  on  his  own  behalf 
or  that  of  others. 

The  phrase  “  in  any  manner  concerned  in  soliciting  or  receiving  ”  was  intended  to 
cover  evasions  of  the  purpose  of  the  statute  and  to  punish  all  persons  for  whom  or  on 
whose  behalf  or  at  whose  instance  the  person  actually  receiving  the  money  is  acting. 
Your  statement  excludes  all  relation  whatever  on  the  part  of  Bellman  to  the  transaction 
other  than  the  mere  physical  one  which  I  have  already  described.  In  my  opinion  he  was 
not  guilty  of  either  receiving  or  being  concerned  in  receiving  a  contribution  for  a  political 
purpose  within  the  meaning  of  the  act  in  question. 

In  the  case  of  United  States  v.  Dutro,  May  T.,  1913,  Western  District  of 
Tennessee,  unreported,  the  same  defense  was  interposed,  and,  upon  motion  for 
directed  verdict  for  defendant,  the  following  decision  was  rendered  by 
McCall,  J. : 

I  have  given  all  the  time  counsel  cared  to  consume  in  the  discussion  of  this  motion 
for  a  directed  verdict,  because  I  gathered  from  what  had  been  said  that  it  was  practically 
determinative  of  the  case. 

The  statute  under  which  the  indictment  was  found  prohibits  (and  I  shall  speak  of  this 
concrete  case)  the  postmaster  at  Memphis,  Tenn.,  from  receiving,  or  being  in  any  manner 
concerned  in  receiving,  any  assessment,  subscription,  or  contribution  for  any  political 
purpose  whatever  from  any  official,  clerk,  or  employee  of  the  United  States. 

There  are  four  counts  in  the  indictment.  Two  of  them  charge  the  defendant  with 
receiving  subscriptions  and  contributions  for  political  purposes  from  an  officer,  clerk, 
or  employee  of  the  United  States,  and  two  of  them  charge  defendant  with  being  con¬ 
cerned  in  receiving  such  assessment  or  subscription  for  political  purposes  from  a  clerk 
or  employee  of  the  United  States. 

Evidently  one  of  the  purposes  of  Congress  in  enacting  the  legislation  was  to  prohibit 
superior  officers  from  bringing  pressure  to  bear  upon  their  subordinates  in  order  to  secure 
contributions  for  campaign  purposes,  and  the  act  is  couched  in  very  broad  terms. 

This  evidence  (which  so  far  is  uncontradicted),  shows  that  the  defendant,  Mr.  Dutro, 

^  did  receive  two  contributions  for  campaign  purposes  from  an  officer  or  clerk  or  employee 
of  the  United  States.  Whatever  may  have  been  Mr.  Dutro’s  frame  of  mind  in  regard 
to  his  connection  with  it,  the  one  fact  remains,  as  the  evidence  shows,  that  he  received 
these  contributions  for  the  purposes  and  from  the  parties  which  the  law  prohibits. 


18 


Perhaps  and  no  doubt  he  did  so  without  any  thought  that  he  was  violating  any  statute, 
and  felt  that  he  was  acting  purely  as  a  conveyor  of  these  contributions  to  the  politicai 
parties  for  whom  they  were  intended,  to  accommodate  those  who  were  making  the  con¬ 
tributions  and  purely  as  a  personal  matter,  hut  I  think  under  the  evidence  his  action 
was  in  violation  of  the  statute. 

The  other  two  counts,  as  I  have  pointed  out,  charge  the  defendant  with  being  con¬ 
cerned  in  receiving  assessments,  subscriptions,  or  contributions  for  campaign  purposes 
from  a  clerk,  employee,  or  officer  of  the  TTnited  States.  There  is  a  controversy  here 
between  counsel  as  to  what  the  word  “  concerned  ”  means.  From  what  the  law  books  say 
which  have  been  read  here,  and  from  my  own  impression,  it  seems  that  the  word  con¬ 
cerned  means  to  be  interested  in,  or  take  part  in  receiving  such  contributions.  If  Mr. 

Dutro.  by  his  connection  with  these  two  subscriptions,  took  a  part  in  the  contributions 
being  made  by  employees  of  the  Government  for  campaign  purposes,  he  would  be  guilty.  ^ 
I  think  the  natural  construction  of  the  phrase  or  term  or  word  necessarily  leads  to  the 
conclusion  that  he  did  take  a  part  in  receiving  the  contributions,  because  he  received 
and  conve.ved  them  from  the  contribiitors  to  the  parties  for  whom  they  were  intended, 
and.  as  the  proof  so  far  shows,  he  knew  that  the  parties  who  were  making  the  con¬ 
tributions  were  clerks  under  him  in  the  Post  Office  Department,  and  he  knew  the  purpose 
for  which  the  money  was  to  be  used  and  where  it  was  to  go.  '• 

Entertaining  these  views,  upon  the  motion  as  now  made,  I  think  it  should  be 
overruled. 

The  following  is  an  extract  from  the  court’s  charge  to  the  jury  in  the  same 


T  charge  you  the  law  to  be  that  if  Mr.  Dutro  received  the  contribution  while  he  was 
postmaster  at  Memphis.  Tenn.,  from  Mr.  Roberts,  a  clerk  or  appointee  in  the  post  office 
at  Memphis,  Tenn.,  and  he  received  it  for  political  purposes — that  is.  it  was  to  be  used 
in  the  interest  of  a  political  campaign — and  Mr.  Dutro  knew  that  was  the  purpose  of 
the  contribution,  then  he  would  be  guilty  under  this  statute  of  having  received  a  con¬ 
tribution  for  political  purposes,  while  postmaster — that  is.  an  officer  of  the  United  States 
Government — from  an  employee  and  clerk  in  the  service  of  the  United  States  Post  Office 
Department.  And  if  he  took  the  contribution  and  conveyed  it  to  the  place  for  which  it 
was  intended — that  is.  the  political  campaign  committee  of  the  Republican  Party — then 
he  had  not  only  received  it  in  violation  of  law.  but  under  the  first  count  in  the  indict¬ 
ment  he  would  be  guilty  of  being  concerned  in  receiving  funds  for  campaign  purposes 
within  the  prohibition  of  the  law. 

What  I  have  .iust  said  in  regard  to  the  transaction  between  the  defendant  and  Mr. 
Roberts,  as  charged  in  the  first  and  second  counts,  is  also  applicable  to  the  transaction 
between  the  defendant  and  Miss  Baker,  as  charged  in  the  third  and  fourth  counts,  and 
need  not  be  repeated. 

in  *****  :^ 

You  may  find  that  he  received  them,  then  he  would  be  guilty  under  the  counts  charg¬ 
ing  him  with  receiving  them  ;  or  you  may  find  that  he  did  not  receive  them,  then  he 
would  not  be  guilty  under  those  counts  charging  him  with  receiving  them  ;  but  under 
the  law  as  I  charge  it  to  you.  if  he  received  them  knowingly,  and  they  were  delivered  by 
him  or  used  by  him  for  political  purposes,  then  he  would  also  he  concerned  in  receiving 
them,  and  he  would  be  .guilty  under  those  counts  in  the  indictment. 

The  jury  returned  a  verdict  of  guilty  on  all  four  counts  of  the  indictment. 

The  decision  and  charge  above  quoted  overrule  the  opinion  of  the  Attorney 
General  of  January  25,  1896,  so  far  as  it  may  he  urged  as  a  defense  in  cases 
of  this  sort,  and  the  principle  appears  to  be  definitely  established  that  a 
defendant  may  no  longer  escape  punishment  by  alleging  that  he  received  a 
political  contribution  as  a  mere  a.gent  or  messenger  for  the  purpose  of  turning 
it  over  to  a  political  organization. 

40.  SOLICITATION  (\K  BECEIPT  OF  POLITICAL  CONTRIBUTIONS  IN 
FEDERAL  BUILDINOS.— Section  119,  Criminal  Code  (a  reenactment  of 
section  12  of  the  civil-service  act),  provides  as  follows: 

“  No  person  shall,  in  any  room  or  building  occupied  in  the  discharge  of 
official  duties  by  any  officer  or  employee  of  the  United  States  mentioned  in 
the  preceding  section,  or  in  any  navy  yard,  fort,  or  arsenal,  solicit  in  any 
manner  whatever  or  receive  any  contribution  of  money  or  other  thing  of 
value  for  any  political  purpose  whatever.” 

50.  Constitutionality. — This  portion  of  the  civil-service  act  was  held  to  be  con¬ 
stitutional  ill  United  States  v.  Newton  (9  Mackey  (D.  C.U  226,  19  Wash.  L.  R. 

770),  from  the  decision  in  which  case  the  following  is  an  extract: 

The  Govemment  of  the  United  States  has  supreme  and  exclusive  control  over  the 
places  designated  in  section  12  in  which  solicitation  of,  or  procuring  aid  for.  political 
purposes  is  forbidden.  ^ 

The  United  States  does  not  share  control  with  a  State  or  municipality,  but  has  control 
over  those  places  which  have  been  acquired  by  it  in  pursuance  of  authority  granted  to  it 
b.v  the  Constitution  and  laws  of  the  United  States  for  the  exclusive  use  and  purposes  of 
the  Government. 

Congress  has  a  right  to  prescribe  rules  of  conduct  to  be  observ’ed  not  only  by  officers 
and  employees  of  the  Government  who  shall  occupy  these  places  for  the  time  being,  but  v 

also  by  the  citizen  who  may  for  any  purpose  be  allowed  to  go  into  these  places,  it  may  be 
on  business  with  the  Government,  or  recreation,  as  sug.gested  by  defendant’s  counsel. 

The  Government  has  the  right,  we  think,  to  prescribe  what  shall  be  the  conduct  of  persons 
thus  visiting  these  places  by  the  enactment  of  reasonable  rules  and  regulations.  Con- 


19 


cedinj?  all  that  counsel  claims  for  the  purity  of  motives  actuating  partisans  in  securing 
contributions  for  and  promoting  the  success  of  political  parties,  we  do  not  perceive  the 
harm,  hardship,  or  oppression  resulting  from  a  law  which  prohibits  this  solicitation  in 
the  places  where  the  business  of  the  Government  is  transacted.  While  it  may  be  easy 
to  conceive  of  instances  Where  such  solicitation  by  one  citizen  of  another  would  not  work 
harm,  such  a  practice  if  permitted  might  be  seriously  detrimental  to  the  public  service. 
Whether  or  not  at  the  date  of  the  enactment  of  this  statute  the  best  interests  of  the 
country  required  such  legislation  was  a  matter  peculiarly  within  the  province  of  Congress 
to  determine.  It  is  not  for  the  courts  to  decide  the  act  or  any  part  of  it  unconstitutional 
because  it  may  doubt  the  necessity  of  the  enactment  or  the  wisdom  of  its  provisions. 
*:(:***  *  * 

We  hold  the  indictment  to  be  good  and  the  twelfth  section  of  the  act  constitutional. 

In  United  States  v.  Huffman  (Nov,  T.,  1905,  District  of  Indiana,  unreported), 
which  was  a  prosecution  for  soliciting  funds  in  a  post  office,  a  demurrer  was 
interposed  on  the  ground  tliat  the  law  was  unconstitutional  if  held  to  fipply  to 
buildings  simply  leased  from  a  State  by  the  United  States  Government  and  over 
which  the  State  still  exercised  a  landlord’s  control;  the  demurrer  was  overruled. 
(  See  also  United  States  v.  Elliott,  April  T.,  1907,  Northern  District  of  Illinois, 
unreported,  which  was  a  prosecution  for  soliciting  funds  in  a  distillery  where 
storekeepers  and  gaugers  were  stationed  in  the  performance  of  official  duty ; 
United  States  v.  Thayer,  209  U.  S.,  39,  and  United  States  v.  Glick,  June,  1909, 
District  of  Delaware,  unreported,  the  lengthy  decision  in  which,  fully  upholding 
the  constitutionality  of  the  section  under  discussion,  is  printed  in  the  Commis¬ 
sion’s  26th  Report,  beginning  on  p.  159.) 

51.  Letters  addressed  to  Federal  buildings. — The  Commission  by  a  minute 
adopted  March  23,  1897,  held  that  addressing  a  letter  to  a  Government  employee 
in  a  Government  building  soliciting  political  contributions  is  a  solicitation  in 
that  building  within  the  meaning  of  section  12  of  the  civil-service  act,  and  in  this 
opinion  was  sustained  by  the  advice  of  eminent  counsel  (see  14th  Report,  pp. 
147-155),  but  notwithstanding  numerous  violations  no  opportunity  arose  of  hav¬ 
ing  the  question  judicially  determined  until  1907,  when  an  indictment  wias  ob¬ 
tained  against  Edward  S.  Thayer  at  Dallas,  Tex.  A  demurrer  was  interposed  to 
the  indictment  and  was  sustained  on  the  ground  that  the  act  required  the  per¬ 
son:!  1  presence  in  the  Government  building  of  the  solicitor.  Appeal  was  taken  to 
the  Supreme  Court,  and  the  judgment  of  the  lower  court  wxas  reversed.  (United 
States  V.  Thayer,  209  U.  S.,  39.)  The  opinion  of  the  court,  which  was  delivered 
by  Justice  Holmes  on  March  9,  1908,  establishes  definitely  the  proposition  that 
solicitation  by  letter  or  circular  addressed  to  and  delivered  by  mail  or  otherwise 
to  an  officer  or  employee  of  the  United  States  at  the  office  or  building  in  which 
he  is  employed  in  the  discharge  of  his  official  duties  is  a  solicitation  “  in  :i  room 
or  building  ”  within  the  meaning  of  this  section,  the  solicitation  taking  place 
wdiere  the  letter  was  received.  (See  also  United  States  v.  Smith,  163  Fed.,  026, 
where  the  letter  w^as  personally  delivered.) 

52.  Letters  delivered  in  Federal  buildings. — The  Commission  holds  that  the 
sending  through  the  mails  of  letters  to  Government  employees  soliciting  political 
contributions,  their  street  or  home  address  being  omitted  from  the  envelopes, 
with  the  result  that  the  letters  are  delivered  by  the  postal  authorities  in  the 
Government  building  in  which  they  are  employed,  constitutes  a  violation  of  this 
section.  It  is  a  maxim  of  the  law  that  a  person  is  presumed  to  intend  the  nat¬ 
ural  and  reasonable  consequences  of  his  acts,  and  failure  or  omission  to  take 
measures  to  avoid  delivery  of  such  letters  in  a  Government  building  will  render 
the  offender  liable  to  prosecution.  •  One  such  prosecution  has  been  had,  but  suffi¬ 
cient  evidence  was  adduced  to  convince  the  jury  that  there  was  no  intent  to 
violate  the  law,  and  the  defendants  were  acquitted. 

53.  DISCRIMINATION  ON  ACCOUNT  OF  POLITICAL  CONTRIBU¬ 
TIONS. — Section  120,  Criminal  Code  (a  reenactment  of  sec.  13  of  the  civil- 
service  act),  provides  as  follows: 

“  No  officer  or  employee  of  the  United  States  mentioned  in  section  one 
hundred  and  eighteen  shall  discharge  or  promote  or  degrade  or  in  any  man¬ 
ner  change  the  official  rank  or  compensation  of  any  other  officer  or  em¬ 
ployee,  or  promise  or  threaten  so  to  do,  for  giving  or  withholding  or 
neglecting  to  make  any  contribution  of  money  or  other  valuable  thing  for 
any  political  purpose.” 

54.  PAYMENT  OF  POLITICAL  CONTRIBUTIONS  BY  ONE  EMPLOYEE 
TO  ANOTHER. — Section  121,  Criminal  Code  (a  reenactment  of  sec.  14  of  the 
civil-service  act),  provides  that — 

“No  officer,  clerk,  or  other  person  in  the  service  of  the  United  States 
shall,  directly  or  indirectly,  give  or  hand  over  to  any  other  officer,  clerk. 


20 


or  person  in  the  service  of  the  United  States,  or  to  any  Senator  or  Member 
of  or  Delegate  to  Congress  or  Resident  Commissioner,  any  money  or  other 
valuable  thing  on  account  of  or  to  be  applied  to  the  promotion  of  any 
political  object  whatever.” 

55.  PENALTIES  FOR  ASSESSMENTS.— Section  122  of  the  Criminal  Code 
provides  as  follows: 

“  Whoever  shall  violate  any  provision  of  the  four  preceding  sections  shall 
be  fined  not  more  than  five  thousand  dollars  or  imprisoned  not  more  than 
three  years,  or  both.”  ^ 

50.  ABOVE  OFFENSES  ARE  FELONIES.— By  section  15  of  the  civil- 
service  act  it  was  declared  that  persons  violating  any  provision  of  the  four 
preceding  sections  should  be  guilty  of  a  misdemeanor,  but  this  section  is 
now  superseded  by  section  122  of  the  Criminal  Code,  above  quoted,  which 
makes  such  violation  a  felony,  in  view  of  the  following  provision  of  section 
335  of  the  Criminal  Code: 

“All  offenses  which  may  be  punished  by  death  or  imprisonment  for  a 
term  exceeding  one  year  shall  be  deemed  felonies.  All  other  offenses  shall 
be  deemed  misdemeanors.” 

lY.  POLITICAL  COERCION. 

57.  CIVIL-SERVICE  ACT  AND  RULE.— Section  2,  clause  second,  of  the 

civil-service  act  directs  that  the  civil-service  rules  “  shall  provide  and  de¬ 
clare  as  nearly  as  the  conditions  of  good  administration  will  warrant,  as 
follows:  *  *  *  Sixth.  That  no  person  in  said  service  has  any  right  to 

use  his  official  authority  or  influence  to  coerce  the  political  action  of  any 
person  or  body.”  In  pursuance  of  this  section  civil-service  Rule  I,  section 
1,  provides,  in  part,  that  “  No  person  in  the  executive  civil  service  shall  use 
his  official  authority  or  influence  for  the  purpose  of  interfering  with  an 
election  or  affecting  the  result  thereof.”  This  provision  applies  to  all  per¬ 
sons  in  the  executive  civil  service,  unclassified  as  well  as  classified. 

Y.  POLITICAL  DISCRI3IINATION. 

58.  FAILURE  TO  CONTRIBUTE  OR  RENDER  POLITICAL  SERVICE 
NOT  PREJUDICIAL. — Section  2,  clause  second,  of  the  act  also  provides: 

“  Fifth.  That  no  person  in  the  public  service  is  for  that  reason  under  any 
obligations  to  contribute  to  any  political  fund  or  to  render  any  political 
service,  and  that  he  will  not  be  removed  or  otherwise  prejudiced  for  refus¬ 
ing  to  do  so.” 

59.  POLITICAL  OPINIONS  AND  AFFILIATIONS.— Section  2  of  Rule  I 
provides  as  follows: 

“  No  question  in  any  form  of  application  or  in  any  examination  shall  be 
so  framed  as  to  elicit  inforiliation  concerning  the  political  or  religions  opin¬ 
ions  or  affiliations  of  any  applicant,  nor  shall  any  inquiry  be  made  concern¬ 
ing  such  opinions  or  affiliations,  and  all  disclosures  thereof  shall  be  dis¬ 
countenanced.  No  discrimination  shall  be  exercised,  threatened,  or  prom¬ 
ised  by  any  person  in  the  executive  civil  service  against  or  in  favor  of  an 
applicant,  eligible,  or  employee  in  the  classified  service  because  of  his 
political  or  religious  opinions  or  affiliations.” 

60.  Definition  of  discrimination. — Political  discrimination  consists  in  giving 
appointment,  promotion,  or  any  otber  favor  to  an  appointee,  eligible,  or  candi¬ 
date  because  of  bis  politics,  or  withholding  appointment,  promotion,  or  any 
other  favor  from  an  appointee,  eligible,  or  candidate  because  of  his  politics. 

An  appointing  officer  who  appoints  or  refuses  to  appoint  an  applicant  because 

the  applicant  does  or  does  not  entertain  certain  ix)litical  opinions,  who  makes  ^ 
any  inquiry  of  the  applicant  or  any  other  person  as  to  the  applicant’s  political 
oihnions  or  affiliations,  or  reduces  an  employee  because  that  employee  refuses 
to  render  political  service,  to  be  coerced  in  political  action,  or  to  contribute 
money  for  political  purposes,  or  who  advances  or  promotes  an  employee  for  op-  ^ 
posite  reasons,  violates  the  civil-service  act  and  rules. 

61.  Wholesale  removals. — The  removal  of  a  large  number  of  employees  of  the 
same  political  faith  from  an  office  will  be  presumed  to  have  been  made  for 


21 


political  reasons,  and  the  burden  is  upon  the  officer  making  the  removals  to 
show  that  just  cause  existed  for  making  each  such  removal. 

62.  Incumbents  of  excepted  positions. — All  positions  excepted  from  examina¬ 
tion  under  Schedule  A  of  the  rules  are  within  the  classified  service,  and,  under 
section  2  of  the  civil-service  act  and  section  2  of  Rule  I,  no  removal  may  be 
made  from  such  positions  for  political  reasons.  While  under  section  2  of  the 
civil-service  act  positions  within  the  classified  service  may  be  excepted  from  the 
requirement  of  examination,  they  are  not  excepted  from  the  separate  prohibi¬ 
tion  therein  of  removal  for  political  reasons.  The  President,  in  the  civil-service 
rules,  has  recognized  this  construction  of  the  act  and  carried  out  its  provisions 
by  forbidding  changes  in  the  classified  service,  including  excepted  places,  for 
political  reasons. 

YI.  POLITICAL  RECOMMENDATIONS. 

63.  SENATORS  AND  REPRESENTATIYES.— Section  10  of  the  civil- 
service  act  provides: 

“  That  no  recommendation  of  any  person  who  shall  apply  for  office  or 
place  under  the  provisions  of  this  act  which  may  he  given  by  any  Senator  or 
Member  of  the  House  of  Representatives,  except  as  to  the  character  or 
residence  of  the  applicant,  shall  be  received  or  considered  by  any  person 
concerned  in  making  any  examination  or  appointment  under  this  act.” 

64.  DISCLOSING  POLITICS. — Rule  I,  section  3,  provides  as  follows: 

“  No  recommendation  of  an  applicant,  eligible,  or  employee  in  the  com¬ 
petitive  service  involving  a  disclosure  of  his  political  or  religious  opinions 
or  affiliations  shall  be  considered  or  tiled  by  the  Commission  or  any  officer 
concerned  in  making  appointments  or  promotions.” 

65.  Letters  disclosing  politics  or  religion  not  to  be  considered. — It  is  the  duty 
of  officers  concerned  in  making  appointments  or  promotions  to  refuse  to  receive 
or  consider  letters  disclosing  the  politics  or  religion  of  an  applicant,  eligible, 
or  employee  and  to  explain  to  the  writers  that  communications  based  upon  such 
grounds  will  not  receive  attention  or  be  filed. 

66.  RECOMMENDATIONS  FOR  PROMOTION.— Rule  XI,  section  3,  pro¬ 
vides  that: 

“  No  recommendation  for  the  promotion  of  a  classified  employee  shall  be 
considered  by  any  officer  concerned  in  making  promotions,  unless  it  be 
made  by  the  person  under  whose  supervision  such  employee  has  served ;  and 
such  recommendation  by  any  other  person,  if  made  with  the  knowledge  and 
consent  of  the  employee,  shall  be  sutticient  cause  for  debarring  him  from 
the  promotion  proposed,  and  a  repetition  of  the  offense  shall  be  sufficient 
cause  for  removing  him  from  the  service.” 

YII.  RURAL  CARRIERS. 


67.  Executive  order  of  December  30,  1911: 

Hereafter  paragraphs  (a)  and  (&)  of  section  1  of  civil-service  Rule  VII  shall  apply  to 
the  appointment  of  rural  carriers,  and  three  eligibles  shall  be  certified  by  the  Civil 
Service  Commission. 

In  all  cases  selections  shall  be  made  with  sole  reference  to  merit  and  fitness  and  with¬ 
out  regard  to  political  considerations.  No  inquiry  shall  be  made  as  to  the  political  or 
religious  opinions  or  affiliations  of  an3/  eligible,  and  no  recommendation  in  any  way  based 
thereon  shall  be  received,  considered,  or  filed  by  any  officer  concerned  in  making  selections 
or  appointments.  Any  such  recommendation,  in  writing,  forwarded  to  any  such  officer 
shall  be  at  once  returned  to  the  writer,  with  attention  invited  to  the  purport  of  this 
order,  and  attention  hereto  shall  be  similarly  directed  in  connection  with  any  verbal  rec¬ 
ommendation.  Where  it  is  found  that  there  has  been  a  violation  of  these  provisions  by 
any  officer  concerned  in  making  selections  or  appointments,  such  fact  shall  be  cause  for 
the  immediate  removal  of  such  officer  from  the  service,  and  the  commission  shall  make 
prompt  report  of  any  such  case  for  appropriate  action  to  the  Postmaster  General,  or,  as 
to  presidential  appointees,  to  the  President.  The  appointment  of  the  rural  carrier  con¬ 
cerned,  if  effected,  shall  be  canceled. 

Persons  employed  as  rural  carriers,  while  retaining  the  right  to  vote  as  they  please 
and  to  express  their  opinion  privately  on  all  political  subjects,  shall  take  no  active  part 
in  political  management  or  in  political  campaigns.  Any  rural  carrier  taking  such  part 
shall  be  removed  from  the  service  or  otherwise  disciplined,  recommendation  as  to  the 
penalty  to  be  imposed  in  each  case  to  be  made  by  the  Civil  Service  Commission. 

Paragraphs  (a)  and  (b)  of  section  1  of  civil-service  Rule  VII  refer  to  the 
manner  of  certification  of  eligibles. 


22 


VIII.  FOURTH-CLASS  POSTMASTERS. 


68.  Extract  from  regulations  approved  by  the  President  November  25,  1912: 

In  all  cases  selection  for  appointment  shall  be  made  with  sole  reference  to  merit 
and  fitness  and  without  regard  to  political  or  religious  considerations.  No  inquiry 
shall  be  made  as  to  the  political  or  religious  opinions  or  affiiiations  of  any  applicant  or 
eligibie,  and  in  conformity  with  section  10  of  the  civil-service  act  no  recommenda¬ 
tion  in  any  way  based  thereon  shall  be  received  or  considered  by  any  officer  concerned 
in  making  selections  or  appointments.  The  attention  of  the  writer  of  any  such  recom¬ 
mendation  shall  be  invited  to  the  purport  of  this  order,  and  attention  hereto  shail  be 
similarly  directed  in  connection  with  any  verbal  recommendation.  Where  it  is  found 
that  there  has  been  a  violation  of  these  provisions  by  any  ofiicer  concerned  in  making 
seiections  or  appointments,  such  fact  shall  be  cause  for  the  immediate  removal  of  such 
officer  from  the  service,  and  the  Civil  Service  Commission  shall  make  prompt  report 
of  any  such  case  for  appropriate  action  to  the  Postmaster  General  or,  as  to  presidential 
appointees,  to  the  President.  The  appointment  of  the  fourth-class  postmaster  con-  ^ 

cerned,  if  effected,  shall  be  canceled.  Persons  employed  as  postmasters  of  the  fourth 
class,  while  retaining  the  right  to  vote  as  they  please  and  to  express  their  opinions 
privately  on  all  political  subjects,  shall  take  no  active  part  in  political  management 
or  in  political  campaigns.  Any  such  postmaster  taking  such  part  shall  be  removed 
from  the  service  or  otherwise  disciplined,  recommendation  as  to  the  penalty  to  be  im¬ 
posed  in  each  case  to  be  made  by  the  Civil  Service  Commission.  This  section  shall  apply 
to  all  offices  of  the  fourth  class  of  whatever  compensation. 


IX.  ATTEMPTS  TO  INFLUENCE  LEGISLATION. 

69.  Executive  order  of  April  8,  1912. — The  first  amendment  of  the  Constitution 
of  the  United  States  proAudes  that  “  Congress  shall  make  no  law  respecting  an 
establishment  of  religion ;  or  prohibit  the  free  exercise  thereof,  or  abridging 
the  freedom  of  speech,  or  of  the  press;  or  the  right  of  the  people  peaceably  to 
assemble,  and  to  petition  the  Government  for  a  redress  of  grievances.” 

The  matter  of  attempts  by  Government  employees  to  influence  legislation  has 
been  the  subject  of  a  number  of  Executive  orders  (see  29th  Eeport  of  Commis¬ 
sion,  p.  21),  the  last  of  which  is  dated  April  8,  1912,  and  reads  as  follows: 

It  is  hereby  ordered  that  petitions  or  other  communications  regarding  public  business 
addressed  to  the  Congress  or  either  House  or  any  committee  or  Member  thereof  by 
officers  or  employees  in  the  civil  service  of  the  United  States  shall  be  transmitted  through 
the  heads  of  their  respective  Departments  or  offices,  who  shall  forward  them  without 
delay  with  such  comment  as  they  may  deem  requisite  in  the  public  interest.  Officers  and 
employees  are  strictly  prohibited,  either  directly  or  indirectly,  from  attempting  to  secure 
legislation  or  to  influence  pending  legislation,  except  in  the  manner  above  prescribed. 

This  order  supersedes  the  Executive  orders  of  January  31,  1902,  January  25,  1906,  and 
November  26,  1909,  regarding  the  same  general  matter. 

The  Executive  orders  which  were  superseded  by  this  order  were  criticized 
as  being  too  stringent  and  an  invasion  of  constitutional  rights,  and  in  section 
G  of  the  act  of  August  24,  1912  (37  Stat.,  555),  it  was  provided  that  “  the  right 
of  persons  employed  in  the  civil  service  of  the  United  States,  either  individually 
or  collectively,  to  petition  Congress,  or  any  Member  thereof,  or  to  furnish 
information  to  either  House  of  Congress,  or  to  any  committee  or  Member 
thereof,  shall  not  be  denied  or  interfered  with.” 

The  Executive  orders  previously  mentioned  did  not  attempt  to  nullify  the 
right  to  petition  the  Government  guaranteed  by  the  Constitution,  but  simply 
specified  the  procedure  to  be  followed  by  executive  employees  of  the  Govern¬ 
ment  in  exercising  that  right,  and  the  order  of  April  8,  1912,  fully  preserves  the 
rights  of  employees  to  petition  the  Government. 


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